DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SIN
Docket No: 05936-11
7 July 2011
This is in reference to your application for correction of your
naval record pursuant to the provisions of title 10 of the United
States Code, section 1552.
KR three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 6 July 2011. Your allegations of error and
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Board. Documentary material considered by the Board consisted of
your application, together with all material submitted in support
thereof, your naval record, and applicable statutes, regulations,
and policies.
After careful and conscientious consideration of the entire
record, the Board found the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
You enlisted in the Navy and began a period of active duty on
31 July 1964. The Board found that you received nonjudicial
punishment (NJP) for communicating a threat. You received
restriction and extra duty. On 19 April 1965, you were convicted
of second degree burglary and sentenced to one year of probation,
on the condition that you spend two weekends in jail, and make
restitution. Subsequently, administrative discharge action was
initiated. You waived your rights to consult counsel, submit a
statement or have your case heard by a board of officers. Your
case was forwarded with the recommendation that you receive an
undesirable discharge by reason of unfitness. The separation
‘authority concurred and you received an other than honorable
(OTH) discharged on 16 June 1965.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and record
of service. Nevertheless, the Board concluded these factors were
not sufficient to warrant recharacterization of your OTH
discharge given your NUP and conviction by civil authorities of
burglary. Finally, the Board noted that you waived the right to
a board of officers, your best chance for retention or a better
characterization of service. Accordingly, your application has
been denied. The names and votes of the members of the panel
will be furnished upon request.
It is regretted that the circumstances of your case are such that
favorable action cannot be taken. You are entitled to have the
Board reconsider its decision upon submission of new and material
evidence or other matter not previously considered by the Board.
In this regard, it is important to keep in mind that a
presumption of regularity attaches to all official records.
Consequently, when applying for a correction of an official naval
record, the burden is on the applicant to demonstrate the
existence of probable material error or injustice.
Sincerely,
W. DEAN PFE
Executive Di
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